DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/07/2026 has been entered.
Status of Rejections
The rejection(s) of claim(s) 14 is/are obviated by applicant’s cancellation.
The rejection of claim(s) 23 under 35 USC 112(b) is/are withdrawn in view of applicant’s amendment.
The previous rejections of claims 18-19 and 22 are withdrawn in view of applicant’s amendments.
New grounds of rejection for claims 18-19 and 22-23 are necessitated by applicant’s amendments.
All other previous rejections are maintained.
Claims 1-8, 10-13, 17-19 and 21-24 are pending and under consideration for this Office Action.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2, 6-8, 10, 12, 18, 21 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (WO 2018231153 A1) in view of Er et al. (“Prediction of Enhanced Catalytic Activity for Hydrogen Evolution Reaction in Janus Transition Metal Dichalcogenides”, Nano Lett., 2018).
Regarding claim 1, Liu teaches a nanocomposite material for use in catalyzing a hydrogen evolution reaction (HER) (see e.g. Page 10, lines 9-12, Page 15, lines 35-37, and Page 53, lines 14-15, nano-sized transition metal dichalcogenides (TMDs) with catalytic properties, e.g. for HER), the nanocomposite material comprising:
a nanosheet comprising a metal chalcogenide having a formula MXaYbZc (see e.g. Page 10, lines 9-12 and 15-22, and Page 15, lines 14-17, nano-sized monolayer, i.e. nanosheet, transition metal dichalcogenide with formula MX2, where X may be up to three chalcogens as [M]ShSeiTej); and
a carbonaceous substrate supporting the nanosheet (see e.g. Page 53, lines 14-15 and 22-23, glassy carbon electrode may be covered with TMD catalyst samples to form working electrode for HER);
wherein M is a transition metal having an oxidation state ranging from +2 to +4 (see e.g. Page 10, lines 15-22, transition metal M has an oxidation state of +4, since S, Se and Te have -2 charges and their subscripts add up to two);
wherein X is a first chalcogen element; wherein Y is a second chalcogen element; wherein Z is a third chalcogen element (see e.g. Page 10, lines 9-12 and 15-22, and Page 15, lines 14-17, MX2, where X may be up to three chalcogens as [M]ShSeiTej);
wherein a is an integer or non-integer from greater than 0 to less than 2; wherein b is an integer or non-integer from greater than 0 to less than 2; wherein c is an integer or non-integer from greater than 0 to less than 2 (see e.g. Page 10, lines 15-22, and Page 15, lines 14-17, MX2, where X may be up to three chalcogens as [M]ShSeiTej, each of h to j from 0 to 2 with the sum h+i+j is 2, wherein up to all three may be greater than 0 and thereby necessarily less than 2).
Liu does not teach a sum of the first chalcogen element, the second chalcogen element, and the third chalcogen element and the transition metal being present at a ratio of less than 2:1, wherein the ratio is the sum of the first chalcogen element, the second chalcogen element, and the third chalcogen element:the transition metal, instead teaching a ratio of exactly 2:1 (see e.g. Page 10, lines 15-22, MX2).
Er teaches transition metal dichalcogenide catalysts for HER (see e.g. Abstract), wherein vacancies are created by removal of chalcogen atoms (see e.g. Page 3944, Col. 2, lines 26-32), resulting in a tunable increased HER activity (see e.g. Page 3948, Col. 1, lines 7-12 and 20-25).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nanocomposite of Liu to comprise chalcogen vacancies, resulting in a ratio of chalcogens to metal of less than 2:1, as taught by Er to provide a tunable increased HER activity.
Regarding claim 2, modified Liu teaches the metal chalcogenide forming the nanosheet on the carbonaceous substrate (see e.g. Liu Page 53, lines 14-15 and 22-23, glassy carbon electrode may be covered with the TMD catalyst samples).
Regarding claim 6, modified Liu teaches the transition metal being selected from the group consisting of tungsten, molybdenum, nickel, cobalt, copper and iron (see e.g. Liu Page 10, lines 20-21).
Regarding claim 7, modified Liu teaches the transition metal being molybdenum (see e.g. Liu Page 10, lines 20-21).
Regarding claim 8, modified Liu teaches each of the first chalcogen element, the second chalcogen element, and the third chalcogen element being independently selected from the group consisting of sulfur, selenium, and tellurium (see e.g. Liu Page 10, line 22, and Page 15, lines 14-22, [M]ShSeiTej).
Regarding claim 10, Liu as modified by Er teaches the metal chalcogenide being a non-stoichiometric compound (see e.g. Er Page 3944, Col. 1, under “Results and Discussion”, lines 1-6, and Page 3944, Col. 2, lines 26-32, chalcogen vacancies resulting in non-stoichiometry), wherein X is sulfur, and wherein Y is selenium (see e.g. Liu Page 10, Formula I and line 22, MX2 where X may include S and Se).
Regarding claim 12, Liu as modified by Er teaches the metal chalcogenide being a non-stoichiometric compound (see e.g. Er Page 3944, Col. 1, under “Results and Discussion”, lines 1-6, and Page 3944, Col. 2, lines 26-32, chalcogen vacancies resulting in non-stoichiometry), wherein X is selenium, and wherein Y is tellurium (see e.g. Liu Page 10, Formula I and line 22, MX2 where X may include Se and Te).
Regarding claim 21, modified Liu teaches the transition metal being selected from the group consisting of nickel, cobalt, copper, and iron (see e.g. Liu Page 10, lines 20-21).
Regarding claim 18, Liu teaches a nanocomposite material for use in catalyzing a hydrogen evolution reaction (HER) (see e.g. Page 10, lines 9-12, Page 15, lines 35-37, and Page 53, lines 14-15, nano-sized transition metal dichalcogenides (TMDs) with catalytic properties, e.g. for HER), the nanocomposite material comprising:
a nanosheet comprising a metal chalcogenide having a formula MXaYbZc (see e.g. Page 10, lines 9-12 and 15-22, and Page 15, lines 14-17, nano-sized monolayer, i.e. nanosheet, transition metal dichalcogenide with formula MX2, where X may be up to three chalcogens as [M]ShSeiTej); and
a carbonaceous substrate supporting the nanosheet (see e.g. Page 53, lines 14-15 and 22-23, glassy carbon electrode may be covered with TMD catalyst samples to form working electrode for HER);
wherein M is a transition metal selected from the group consisting of tungsten, molybdenum, nickel, cobalt, copper and iron (see e.g. Page 10, lines 20-21);
wherein a is an integer or non-integer from greater than 0 to less than 2; wherein b is an integer or non-integer from greater than 0 to less than 2; wherein c is an integer or non-integer ranging from 0 to 2 (see e.g. Page 10, lines 15-22, and Page 15, lines 14-17, MX2, where X may be up to three chalcogens as [M]ShSeiTej, each of h to j from 0 to 2 with the sum h+i+j is 2, wherein up to all three may be greater than 0 and thereby necessarily less than 2, or with only two present, the two subscripts, i.e. h and j, would each be greater than 0 and less than 2, while the third would be equal to 0); and
wherein X is sulfur; wherein Y is tellurium; wherein Z, if present, is selenium (see e.g. Page 10, lines 9-12 and 15-22, and Page 15, lines 14-17 and 29-33, MX2, where X may be up to three chalcogens as [M]ShSeiTej, MoS2xTe2(1-x) and WS2xTe2(1-x) shown as exemplary compounds).
Liu does not teach a sum of the first chalcogen element, the second chalcogen element, and the third chalcogen element and the transition metal being present at a ratio of less than 2:1, wherein the ratio is the sum of the first chalcogen element, the second chalcogen element, and the third chalcogen element:the transition metal, instead teaching a ratio of exactly 2:1 (see e.g. Page 10, lines 15-22, MX2).
Er teaches transition metal dichalcogenide catalysts for HER (see e.g. Abstract), wherein vacancies are created by removal of chalcogen atoms (see e.g. Page 3944, Col. 2, lines 26-32), resulting in a tunable increased HER activity (see e.g. Page 3948, Col. 1, lines 7-12 and 20-25).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nanocomposite of Liu to comprise chalcogen vacancies, resulting in a ratio of chalcogens to metal of less than 2:1, as taught by Er to provide a tunable increased HER activity.
Regarding claim 24, Liu teaches a nanocomposite material for use in catalyzing a hydrogen evolution reaction (HER) (see e.g. Page 10, lines 9-12, Page 15, lines 35-37, and Page 53, lines 14-15, nano-sized transition metal dichalcogenides (TMDs) with catalytic properties, e.g. for HER), the nanocomposite material comprising:
a nanosheet comprising a metal chalcogenide having a formula MXaYbZc (see e.g. Page 10, lines 9-12 and 15-22, and Page 15, lines 14-17, nano-sized monolayer, i.e. nanosheet, transition metal dichalcogenide with formula MX2, where X may be up to three chalcogens as [M]ShSeiTej); and
a carbonaceous substrate supporting the nanosheet (see e.g. Page 53, lines 14-15 and 22-23, glassy carbon electrode may be covered with TMD catalyst samples to form working electrode for HER);
wherein M is a transition metal having an oxidation state ranging from +2 to +4 (see e.g. Page 10, lines 15-22, transition metal M has an oxidation state of +4, since S, Se and Te have -2 charges and their subscripts add up to two);
wherein X is a first chalcogen element; wherein Y is a second chalcogen element; wherein Z is a third chalcogen element (see e.g. Page 10, lines 9-12 and 15-22, and Page 15, lines 14-17, MX2, where X may be up to three chalcogens as [M]ShSeiTej);
wherein a is an integer or non-integer from greater than 0 to less than 2; wherein b is an integer or non-integer from greater than 0 to less than 2; wherein c is an integer or non-integer from greater than 0 to less than 2 (see e.g. Page 10, lines 15-22, and Page 15, lines 14-17, MX2, where X may be up to three chalcogens as [M]ShSeiTej, each of h to j from 0 to 2 with the sum h+i+j is 2, wherein up to all three may be greater than 0 and thereby necessarily less than 2); and
wherein the nanosheet comprises only one transition metal and three chalcogen elements (see e.g. Page 10, lines 9-12 and 15-22, Page 11, lines 14-17, and Page 15, lines 14-17, MX2, where M may be one transition metal and where X may be up to three chalcogens as [M]ShSeiTej).
Liu does not teach a sum of the first chalcogen element, the second chalcogen element, and the third chalcogen element and the transition metal being present at a ratio of less than 2:1, wherein the ratio is the sum of the first chalcogen element, the second chalcogen element, and the third chalcogen element:the transition metal, instead teaching a ratio of exactly 2:1 (see e.g. Page 10, lines 15-22, MX2).
Er teaches transition metal dichalcogenide catalysts for HER (see e.g. Abstract), wherein vacancies are created by removal of chalcogen atoms (see e.g. Page 3944, Col. 2, lines 26-32), resulting in a tunable increased HER activity (see e.g. Page 3948, Col. 1, lines 7-12 and 20-25).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nanocomposite of Liu to comprise chalcogen vacancies, resulting in a ratio of chalcogens to metal of less than 2:1, as taught by Er to provide a tunable increased HER activity.
Claims 3-5, 11, 13, 17, 19 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Er, as applied to claims 1 and 18 above, and further in view of Konkena.
Regarding claim 3, modified Liu teaches all the elements of the material of claim 1 as stated above. Modified Liu does not teach the carbonaceous substrate comprising a conductive polymer, carbon black, graphene, reduced graphene oxide (r-GO), carbon nanotubes (CNTs), or a combination thereof, instead only teaching it comprising glassy carbon (see e.g. Liu Page 53, lines 22-23).
Konkena teaches a composite for HER comprising a molybdenum dichalcogenide sheets supported on sheets of reduced graphene oxide (r-GO), a type of graphene (see e.g. Abstract), the r-GO sheets synergistically maximizing the exposed active edges of the molybdenum dichalcogenide and enhancing electron transfer efficiency (see e.g. Page 51, Col. 1, lines 5-9, and connecting paragraph of Pages 51-52, lines 1-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nanocomposite of Liu to further comprise the r-GO of Konkena as a support to synergistically maximize the exposed active edges of the molybdenum dichalcogenide and enhance electron transfer efficiency.
Regarding claim 4, modified Liu teaches all the elements of the material of claim 1 as stated above. Modified Liu does not teach the carbonaceous substrate comprising graphene, instead only teaching it comprising glassy carbon (see e.g. Liu Page 53, lines 22-23).
Konkena teaches a composite for HER comprising a molybdenum dichalcogenide sheets supported on sheets of reduced graphene oxide (r-GO), a type of graphene (see e.g. Abstract), the r-GO sheets synergistically maximizing the exposed active edges of the molybdenum dichalcogenide and enhancing electron transfer efficiency (see e.g. Page 51, Col. 1, lines 5-9, and connecting paragraph of Pages 51-52, lines 1-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nanocomposite of Liu to further comprise the graphene, particularly r-GO, of Konkena as a support to synergistically maximize the exposed active edges of the molybdenum dichalcogenide and enhance electron transfer efficiency.
Regarding claim 5, modified Liu teaches all the elements of the material of claim 1 as stated above. Modified Liu does not teach the carbonaceous substrate comprising reduced graphene oxide (r-GO), instead only teaching it comprising glassy carbon (see e.g. Liu Page 53, lines 22-23).
Konkena teaches a composite for HER comprising a molybdenum dichalcogenide sheets supported on sheets of reduced graphene oxide (r-GO), a type of graphene (see e.g. Abstract), the r-GO sheets synergistically maximizing the exposed active edges of the molybdenum dichalcogenide and enhancing electron transfer efficiency (see e.g. Page 51, Col. 1, lines 5-9, and connecting paragraph of Pages 51-52, lines 1-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nanocomposite of modified Liu to further comprise the r-GO of Konkena as a support to synergistically maximize the exposed active edges of the molybdenum dichalcogenide and enhance electron transfer efficiency.
Regarding claim 11, modified Liu teaches all the elements of the material of claim 1 as stated above. Liu as modified by Er further teaches the metal chalcogenide being a non-stoichiometric compound (see e.g. Er Page 3944, Col. 1, under “Results and Discussion”, lines 1-6, and Page 3944, Col. 2, lines 26-32, chalcogen vacancies resulting in non-stoichiometry), wherein M is molybdenum (see e.g. Liu Page 10, lines 20-21), wherein X is sulfur, and wherein Y is selenium (see e.g. Liu Page 10, Formula I and line 22, MX2 where X may include S and Se).
Modified Liu does not teach the carbonaceous substrate being graphene or reduced graphene oxide (r-GO), instead only teaching it comprising glassy carbon (see e.g. Liu Page 53, lines 22-23).
Konkena teaches a composite for HER comprising a molybdenum dichalcogenide sheets supported on sheets of reduced graphene oxide (r-GO), a type of graphene (see e.g. Abstract), the r-GO sheets synergistically maximizing the exposed active edges of the molybdenum dichalcogenide and enhancing electron transfer efficiency (see e.g. Page 51, Col. 1, lines 5-9, and connecting paragraph of Pages 51-52, lines 1-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nanocomposite of modified Liu to further comprise the r-GO of Konkena as a support to synergistically maximize the exposed active edges of the molybdenum dichalcogenide and enhance electron transfer efficiency.
Regarding claim 13, modified Liu teaches all the elements of the material of claim 1 as stated above. Liu as modified by Er further teaches the metal chalcogenide being a non-stoichiometric compound (see e.g. Er Page 3944, Col. 1, under “Results and Discussion”, lines 1-6, and Page 3944, Col. 2, lines 26-32, chalcogen vacancies resulting in non-stoichiometry), wherein M is molybdenum (see e.g. Liu Page 10, lines 20-21), wherein X is selenium, and wherein Y is tellurium (see e.g. Liu Page 10, Formula I and line 22, MX2 where X may include Se and Te).
Modified Liu does not teach the carbonaceous substrate being graphene or reduced graphene oxide (r-GO), instead only teaching it comprising glassy carbon (see e.g. Liu Page 53, lines 22-23).
Konkena teaches a composite for HER comprising a molybdenum dichalcogenide sheets supported on sheets of reduced graphene oxide (r-GO), a type of graphene (see e.g. Abstract), the r-GO sheets synergistically maximizing the exposed active edges of the molybdenum dichalcogenide and enhancing electron transfer efficiency (see e.g. Page 51, Col. 1, lines 5-9, and connecting paragraph of Pages 51-52, lines 1-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nanocomposite of modified Liu to further comprise the r-GO of Konkena as a support to synergistically maximize the exposed active edges of the molybdenum dichalcogenide and enhance electron transfer efficiency.
Regarding claims 17 and 19, modified Liu teaches all the elements of the material of claims 1 and 18 as stated above. Modified Liu teaches the nanocomposite material comprising a multi-layer structure comprising a plurality of nanosheets (see e.g. Liu Page 10 lines 9-12, Page 52, lines 8-10, and Page 53, lines 14-15 and 22-23, TMD catalyst comprising nano-sized mono-layer/few layer flakes, i.e. nanosheets, covering glassy carbon electrode). Modified Liu does not teach the multi-layer structure comprising a plurality of carbonaceous substrate, instead only teaching it comprising glassy carbon (see e.g. Liu Page 53, lines 22-23).
Konkena teaches a composite for HER comprising a molybdenum dichalcogenide sheets supported on sheets of reduced graphene oxide (r-GO), a type of graphene (see e.g. Abstract), the r-GO sheets synergistically maximizing the exposed active edges of the molybdenum dichalcogenide and enhancing electron transfer efficiency (see e.g. Page 51, Col. 1, lines 5-9, and connecting paragraph of Pages 51-52, lines 1-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nanocomposite of modified Liu to further comprise the r-GO of Konkena as a support to synergistically maximize the exposed active edges of the molybdenum dichalcogenide and enhance electron transfer efficiency.
Regarding claim 22, modified Liu teaches all the elements of the material of claim 18 as stated above. Modified Liu does not teach the carbonaceous substrate being selected from the group consisting of graphene and reduced graphene oxide (r-GO), instead only teaching it comprising glassy carbon (see e.g. Liu Page 53, lines 22-23).
Konkena teaches a composite for HER comprising a molybdenum dichalcogenide sheets supported on sheets of reduced graphene oxide (r-GO), a type of graphene (see e.g. Abstract), the r-GO sheets synergistically maximizing the exposed active edges of the molybdenum dichalcogenide and enhancing electron transfer efficiency (see e.g. Page 51, Col. 1, lines 5-9, and connecting paragraph of Pages 51-52, lines 1-5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the nanocomposite of Liu to further comprise the graphene, particularly r-GO, of Konkena as a support to synergistically maximize the exposed active edges of the molybdenum dichalcogenide and enhance electron transfer efficiency.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Er, as applied to claim 18 above, and further in view of Hao et al. (“Chemical optimization towards superior electrocatalysis of Janus 1T-MoSX (X = O, Se, Te) for hydrogen evolution: Small composition tuning makes big difference”, Electrochimica Acta, 2019).
Regarding claim 23, modified Liu teaches all the elements of the material of claim 1 as stated above. Modified Liu does not explicitly teach the metal chalcogenide being a compound having the formula Mo9S6Te7, i.e. MoS2/3-Te7/9. Er does however teach the chalcogen vacancies enabling a tunable increased HER activity (see e.g. Er Page 3948, Col. 1, lines 7-12 and 20-25), and Liu teaches that the properties of the metal chalcogenide can be adjusted by varying the ratios of the different chalcogen elements (see e.g. Liu Page 54, lines 2-4), as well as an exemplary metal chalcogenide compound formula being MoS2xTe2(1-x) (see e.g. Liu Page 15, line 31).
Hao teaches a MoSX (X=O,Se,Te) catalyst for hydrogen evolution (see e.g. Abstract), wherein HER performance can be tuned by controlling the relative content of the X atom to S (see e.g. Page 154, Col. 1, paragraph starting “In this work…”, lines 7-9, and Page 159, Col. 1, under “Conclusions”, lines 1-4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the MoS2xTe2(1-x) metal chalcogenide of modified Liu to have the claimed formula, i.e. MoS2/3-Te7/9, through routine experimentation with the relative composition and vacancies of the chalcogen atoms in the metal chalcogenide compound as taught by Er and Hao to achieve increased HER activity/performance. MPEP § 2144.05 II states ‘"[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation."’. The relative composition and amount of vacancies are results-effective variables which influence the HER activity of the catalyst as taught by Er and Hao above. Paragraph 0213, lines 3-10, and Paragraphs 0229, 0234 and 0236 of the instant specification similarly describe the removal of chalcogen atoms and modification of elemental ratios to achieve the best hydrogen evolution property.
Response to Arguments
Applicant’s arguments, see pages 7-9, filed 01/07/2026, with respect to the rejection(s) of amended claim(s) 18 under 35 USC 102 over Kosmala, particularly regarding sulfur and tellurium both being present in the metal chalcogenide, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Liu and Er.
Applicant's arguments filed 01/07/2026 have been fully considered but they are not all persuasive.
On pages 9-10, Applicant argues that neither Liu or Er provide any teaching or suggestion of a compound including three different chalcogens and a transition metal particularly as Liu and Er are directed towards dichalcogenides, which could not have the claimed formula. This is not considered persuasive. The term “transition metal dichalcogenide” (TMD) used in Liu is referring to the base molar ratio of the chalcogen atoms and transition metal elements in the MX2 formula, i.e. 2 chalcogen: 1 metal. This does not exclude the possibility of 3 different chalcogen atoms being used to form that ratio and only one transition metal being used. Liu specifically teaches that in the MX2 formula, M may be one or more of the list of transition metals, i.e. including a single metal, and X may be one or more of S, Se and Te, i.e. including all 3 (see e.g. Liu Page 10, lines 15-22, and Page 15, lines 14-27), as TMDs formed may be only a single metal and single chalcogenide or alloys with up to six metals and multiple chalcogenides, with TaS0.8Se0.2- shown as an example of multiple chalcogens being used with a single metal in a TMD and Fe0.3V0.3Pt0.4S0.5Se0.2Te0.3 shown as an example of all 3 different chalcogens being used in a TMD (see e.g. Liu Page 11, lines 14-17)-. Though a singular example of one metal and three chalcogens is not explicitly provided in Liu, such a metal chalcogenide formula is still encompassed by the teachings of Liu.
Conclusion
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